Appeal No. 97-2483
Application 08/575,830
provides a resilient member claimed or mentioned
forming a - - for receiving
an automotive radiator cap
having ears extending there- No ears extending
from. therefrom; ridge of
gas cap fits in channel
No channel walls disclosed Channel walls claimed
Col. 1, line 37 - skirt is No flexible skirt.
flexible.
No shaft connecting housing Shaft connecting handle to
to handle. housing.
Col. 2, line 56-57; - A Handle attached to shaft
handle 39 extends from the
backing member 31 and is
attached thereto by fast-
eners such as screws 40.
Appellants’ first and third arguments regarding the
absence of a “resilient member” and a “flexible skirt” in
their claimed invention are without merit. By reciting that
the tool comprises various elements, claims 1 and 4 are open
to the inclusion of elements not recited in the claims. See In
re Fenton, 451 F.2d 640, 642, 171 USPQ 693, 695 (CCPA 1971)
and In re Hunter, 288 F.2d 930, 932, 129 USPQ 225, 226 (CCPA
1961). Consequently, claims 1 and 4 do not exclude the
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